The Social Security (Personal Independence Payment) Regulations 2013

Claim for personal independence payment after an interval and after reaching the relevant age

26.—(1) Where C has reached the relevant age and makes a new claim in the circumstances set out in regulation 15 the following exceptions apply.

(2) The exceptions referred to in paragraph (1) are —

(a) section 83(1) of the Act (persons of pensionable age) does not apply;

(b) the reference to ‘2 years’ in regulation 15(1)(b) is to be read as ‘1 year’;

(c) where C is assessed as having severely limited ability to carry out mobility activities for the purposes of the new claim –

(i) C is entitled to the enhanced rate of the mobility component only if C was entitled to that rate of that component under the previous award; and

(ii) where C is not entitled to the enhanced rate of that component because of paragraph (i), C is entitled to the standard rate of that component provided that C was entitled to that rate of that component under the previous award; and

(d) where C is assessed as having limited ability to carry out mobility activities for the purposes of the new claim, C is entitled to the standard rate of the mobility component only if C was entitled to that component, at either rate, under the previous award.